IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TRIAL DIVISION - CIVIL

Transcription

1 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY YOUR NAME!! Petitioner,! vs. PENNSYLVANIA DEPARTMENT OF HEALTH, DIVISION OF VITAL RECORDS!! Respondent. TRIAL DIVISION - CIVIL 1. INTRODUCTION The Petitioner, [] of [City], [State], acting on his own behalf, comes before aforesaid court and files the following Petition for Correction of Certification of Birth.. PARTIES.1 IDENTIFICATION AND ADDRESSES OF THE PETITIONER a. [] of [] EFile #XXXXXXXXXX 1

2 IDENTIFICATION AND ADDRESS OF THE RESPONDENT a. Pennsylvania Department of Health, Division of Vital Records, 1 South Mercer Street, Room 01, P.O. Box 1, New Castle, Pennsylvania, 01.. LINEAL CONSANGUINITY OF PETITIONER a. XXXXXXXXXXX attests Antonino Mento, Margherita Farfalletta and Natale Mento, aka Chris Anthony Mento, are his maternal great-grandfather, greatgrandmother and grandfather, respectively, by birth.. CAUSE OF ACTION.1 RECORD REQUIRED 1) The Petitioner requires a corrected certified copy of said Certification of Birth for inclusion in an application before the Consulate General of the Republic of Italy in San Francisco, California, United States of America, for recognition of dual American-Italian citizenship jure sanguinis.. REQUIREMENTS FOR CHANGE

3 a. The Respondent requires that the Petitioner produce a Court Order from a judge or magistrate to make the required correction.. STATEMENT OF FACTS.1 LOCATION OF ORIGINAL CERTIFICATION OF BIRTH 1) The record of Petitioners birth appears in the records of the Division of Vital Records, File Number XXXXXXXXXXX and hereto attached as Exhibit Statement.. ERRORS 1) That said Certification of Birth contains the following errors, viz: a) The name of the Petitioners greatgrandmother, recorded on the Certification of Birth as Margarite Faffbletta is in error; and, b) The name of the Petitioners greatgrandfather, recorded on the Certification of Birth as Antonio Mendo is in error; and,

4 c) The name of the Petitioners grandfather, recorded on the Certification of Birth as Natal Mendo is in error; and, d) The date of the Petitioners grandfather s birth, recorded on the Certification of Birth as is in error.. FACTS 1) That said erroneous facts in aforementioned Certification of Birth should correctly appear as follows, to wit: a) The name of the Petitioners greatgrandmother should be recored on the Certification of Birth as Margherita Farfalletta; and, b) The name of the Petitioners greatgrandfather should be recorded on the Certification of Birth as Antonino Mento; and, c) The name of the Petitioners grandfather should be recorded on the Certification of Birth as Chris Anthony Mento; and,

5 d) The date of the Petitioners grandfather s birth should be recorded on the Certification of Birth as EVIDENCE OF FACTS 1) In support of the request for correction, the Petitioner supplies the following documents demonstrating the correct information: a) The Certificato di Matrimonio (Certificate of Marriage) for Antonino Mento and Margherita Farfalletta (a certified copy of which is hereto attached as Exhibit ), as issued and certified by the Comune di Monforte S. Giorgio, Provincia di Messina, Italy, confirming correct and true spelling of parents names; and, b) The Baptismal Record for Natale Mento (a copy of which is hereto attached as Exhibit ), as issued by Saint Joseph s Church of Downingtown, Pennsylvania, confirming the correct spelling of the parents names, the child s name, and the child s date of birth. This document also shows, in the column Notunda, Natale Mento using Chris as his given

6 name being that Chris is a shortened form of Christmas, the direct translation of Natale in Italian; and, c) The Application for Marriage License (a copy of which is hereto attached as Exhibit ), as issued by the Clerk of the Circuit Court for Cecil County, Maryland, showing marriage to [My grandmother s name] and listing Natale Mento as Chris A. Mento with reference to column Notunda in Exhibit ; and, d) Notice of Separation From the U.S. Naval Service (a copy of which is hereto attached as Exhibit ) showing the true and correct date of birth for Chris Anthony Mento as December, 1; and, e) Full Marriage Record for [My father s name] and [My mother s name] (a certified copy of which is hereto attached as Exhibit ), as issued by the Clerck of the Orphans Court Division of the Court of Common Pleas of Chester County, in the Commonwealth of Pennsylvania, listing, on page three () under Female s Father s Information, Natale Mento as using Chris as his given name.

7 RELIEF.1 RELIEF REQUESTED 1) It is respectfully requested that Your Honorable Court enter an Order directing the Division of Vital Records to correct the Certification of Birth for the Petitioner: a) To record the mothers maiden name of Petitioners great-grandmother as Margherita Farfalletta; and, b) To record the fathers name of the Petitioners great-grandfather as Antonino Mento; and, c) To record the name of the Petitioners grandfather as Chris Anthony Mento; and, d) To record the the date of birth as 1--1; and, e) Issue a new certified long form copy of corrected record to said Petitioner within fifteen (1) days of service of the Court Order upon the Respondent. RESPECTFULLY SUBMITTED this X day of Month, Year.

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